House File 701 - Introduced HOUSE FILE 701 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 100) A BILL FOR An Act relating to the continuance of lawful preexisting 1 nonconforming uses by manufactured and mobile homes. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1741HV (2) 88 js/rn

H.F. 701 Section 1. Section 335.3, Code 2019, is amended to read as 1 follows: 2 335.3 Powers. 3 1. Subject to section 335.2 , the board of supervisors 4 may by ordinance regulate and restrict the height, number of 5 structures, and size of buildings and other structures, the 6 percentage of lot that may be occupied, the size of yards, 7 courts, and other open spaces, the density of population, 8 and the location and use of buildings, structures, and land 9 for trade, industry, residence, or other purposes, and may 10 regulate, restrict, and prohibit the use for residential 11 purposes of tents, trailers, and portable or potentially 12 portable structures. However, such powers shall be exercised 13 only with reference to land and structures located within the 14 county but lying outside of the corporate limits of any city. 15 2. When there is a replacement of a preexisting manufactured 16 or mobile home with another manufactured or mobile home, 17 containing no more than the original number of dwelling 18 units, within a manufactured home community or a mobile home 19 park, respectively, the board of supervisors shall not adopt 20 or enforce any ordinance, regulation, or restriction that 21 would prevent the continuance of the property owner’s lawful 22 nonconforming use that had existed relating to the preexisting 23 home unless any of the following apply: 24 a. A discontinuance is necessary for the safety of life or 25 property. 26 b. The nonconforming use has been discontinued for 27 the period of time established by ordinance, unless such 28 discontinuance is caused by circumstances outside the control 29 of the property owner. The period of time so established shall 30 be not less than one year. 31 c. The replacement results in the overall nature and 32 character of the present use being substantially or entirely 33 different from the original lawful preexisting nonconforming 34 use. 35 -1- LSB 1741HV (2) 88 js/rn 1/ 3

H.F. 701 d. The replacement results in an obstruction to a shared 1 driveway or shared sidewalk providing vehicular or pedestrian 2 access to other homes and uses unless the property owner 3 makes modifications to such shared driveway or sidewalk 4 that extinguishes such obstruction or the effects of such 5 obstruction. 6 Sec. 2. Section 414.1, subsection 1, Code 2019, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . c. When there is a replacement of 9 a preexisting manufactured or mobile home with another 10 manufactured or mobile home, containing no more than the 11 original number of dwelling units, within a manufactured home 12 community or a mobile home park, respectively, the city shall 13 not adopt or enforce any ordinance, regulation, or restriction 14 that would prevent the continuance of the property owner’s 15 lawful nonconforming use that had existed relating to the 16 preexisting home unless any of the following apply: 17 (1) A discontinuance is necessary for the safety of life or 18 property. 19 (2) The nonconforming use has been discontinued for 20 the period of time established by ordinance, unless such 21 discontinuance is caused by circumstances outside the control 22 of the property owner. The period of time so established shall 23 be not less than one year. 24 (3) The replacement results in the overall nature and 25 character of the present use being substantially or entirely 26 different from the original lawful preexisting nonconforming 27 use. 28 (4) The replacement results in an obstruction to a shared 29 driveway or shared sidewalk providing vehicular or pedestrian 30 access to other homes and uses unless the property owner 31 makes modifications to such shared driveway or sidewalk 32 that extinguishes such obstruction or the effects of such 33 obstruction. 34 EXPLANATION 35 -2- LSB 1741HV (2) 88 js/rn 2/ 3

H.F. 701 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill affects the powers of cities and counties when 3 enforcing zoning ordinances. The bill prohibits a city or 4 county from adopting or enforcing an ordinance, regulation, 5 or restriction that would prevent a nonconforming use of 6 a manufactured or mobile home from continuing if the use 7 was legal before adoption of such ordinance, regulation, or 8 restriction unless, with some exceptions, a discontinuance is 9 necessary for the safety of life or property, the nonconforming 10 use is legally abandoned after a period of time as determined 11 by ordinance has passed, if a replacement results in the 12 overall nature and character of the present use being 13 substantially or entirely different from the original lawful 14 preexisting nonconforming use, or the replacement results in an 15 obstruction to a shared driveway or shared sidewalk providing 16 vehicular or pedestrian access to other homes and uses. 17 -3- LSB 1741HV (2) 88 js/rn 3/ 3